What was this Class Action About?
The class action alleged that, since August 15, 2007, Livingston had failed to compensate its non-management employees when they worked overtime. In November 2016, the class action was certified and allowed to continue as a class action. A copy of the Statement of Claim can be read by clicking here.
The parties agreed to settle the lawsuit for $19 million, including legal fees, disbursements and the costs of administering the settlement. The settlement was approved by the court on June 21, 2019. You can read all the settlement documents, including the settlement order in the case documents section of this webpage.
Am I part of the Class Action?
You are included in the class action if you fall within the class definition below:
All current or former non-management employees of the Defendant in its offices across Canada, who are or were employed, at any time between August 15, 2007 to April 28, 2017 in administrative, clerical, technical, and supervisory job classifications or who were otherwise subject to the Defendant’s overtime policy or policies, who have not opted-out of this Proceeding.
Class Members Can Now Ask For Money From The Settlement
If you are a Class Member and no longer employed by Livingston International Inc., complete the online claim form to receive your share of the settlement. The Claims Administrator must receive your form by October 15, 2019. If the Claims Administrator does not receive your form by October 15, 2019, you cannot receive any money from the settlement.
If you are a Class Member and are currently employed by Livingston International Inc., you do not need to complete this form, your cheque will be automatically mailed to you.
Each Class Member’s share of the settlement is calculated based on computer records and statistical extrapolation of overtime, plus years of employment and wage rate. For more information on how each share of the settlement is calculated, please refer to the distribution protocol by clicking here.
It is anticipated that cheques will be mailed by December 29, 2019.